Mozeza APPLICATION TERMS OF USE
Published: September 2022
This document is specially issued to traders who are registered and appointed by Mozeza ©️ Edookaan online services Pvt Ltd
These Terms of Use (“ Terms ”) govern your use of the websites and mobile applications provided by Mozeza referred to as Mozeza (or referred to as “ we ”) (collectively as the “ Platform ”). Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and agree to these Terms including any additional terms and conditions as well as any policies referred to in these Terms, as provided in the Platform or via hyperlinks. If you do not agree or are not included in the Terms, please do not use the Platform.
The platform can be used by (i) real individuals who have reached the age of 18 and (ii) corporate legal entities, such as companies. Where applicable, these Terms are subject to country -specific provisions as set out in these Terms.
Users under the age of 18 shall obtain the consent of a parent or legal guardian, who upon agreeing to these Terms, agrees to be responsible for your actions and any liabilities associated with the use of the Platform and/or purchase of your Goods. If you do not obtain the consent of a parent or legal guardian, you must stop using/accessing the Platform immediately.
Mozeza reserves the right to change or modify these Terms (including our policies included in these Terms) at any time. You are encouraged to read these Terms regularly. You are deemed to have agreed to the amended Terms based on your continued use of the Platform from the date the amended Terms are uploaded.
1. Mozeza
1.1 About us
Depending on the type of Platform you access and use, these Terms form a contract between you and the following Mozeza entities:
1. Mozeza DELIVERY SERVICES
Geo-Location Information : We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
1.2 Things we do
Through our Platform, Mozeza connects you with a Merchant (“ Merchant ”) so that you can order a variety of items including available meals, non -available foods and miscellaneous non -food items (hereinafter collectively referred to as “ Goods ”) for delivery to you . When you place an order of Goods from our Merchant (“ Order ”), Mozeza acts as an agent on behalf of the Merchant to assist, process and complete the order and subsequently for either us or the Merchant to deliver the Order to you. Merchant may own and operate a third party Merchant, our affiliates, or us.
1.3 How to contact us
For customer assistance, you can contact us via email or via the customer assistance chat feature in our app.
2. Use of Mozeza Platform and Account
2.1 You need to register for a Mozeza account to use the Platform. When you register a Mozeza account, we will ask you to submit your personal information including a valid email address, mobile phone number and a unique password. To purchase an Order, depending on the payment method you choose, you may need to submit your credit card details to us. Your unique password should never be shared with anyone and you agree to keep it confidential at all times. You are solely responsible for keeping your passwords secure. Except for cases of fraud or misuse that are not your fault, you agree that all Orders placed under your Mozeza account are your sole responsibility.
2.2 Mozeza assumes no liability for Orders that encounter delivery problems caused by incomplete, incorrect or missing information as submitted by you. You are responsible for submitting complete, accurate and true information for the proper processing of the Order, including your shipping address and contact information.
2.3 If you wish to delete your Mozeza account, please send us an email to apply. We may limit, suspend or terminate your Mozeza account and/or use of your Platform, if we reasonably believe that:
2.3.1 individuals other than you using your Mozeza account; or 2.3.2 when you are suspected or found engaging in any activity or conduct that violates these Terms, our policies and guidelines, or engaging in activity or conduct that we consider in our discretion to be an abuse of the Platform.
3. Restrictions
3.1 Prohibited Activities in the Platform
The following is a non-exhaustive list of types of conduct that are illegal or prohibited in the Platform. Mozeza reserves the right to investigate and take appropriate legal action against anyone who, in Mozeza's absolute discretion, engages in any prohibited activity. Prohibited activities include, but are not limited to the following:
3.1.1 use the Platform for any purpose that violates local, state, or federal laws or regulations;
3.1.2 upload any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 upload unlawful, obscene, defamatory, threatening, harassing, insulting, defamatory, malicious, or embarrassing content against any person or entity as determined by Mozeza, at its absolute discretion or in accordance with standards local communities;
3.1.4 upload content that is cyber bullying, as determined by Mozeza in its absolute discretion;
3.1.5 upload content that displays any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 upload the telephone number, street address, or surname of any individual;
3.1.7 upload URLs to external websites or any form of HTML code or programming;
3.1.8 upload anything that may be "spam," as determined by Mozeza in its absolute discretion;
3.1.9 impersonate another person when posting content;
3.1.10 collect or otherwise collect information about others, including e-mail addresses, without their consent;
3.1.11 give permission to any other person or entity to use your identification to post or read comments;
3.1.12 harass, threaten, ambush, or abuse any person on the Platform;
3.1.13 engages in any other conduct that restricts or prevents any other person from using or enjoying the Website, or which, in Mozeza’s absolute discretion, discloses Mozeza or any customer, supplier or any the party incurring liability or any kind of loss; or
3.1.14 encourage others to engage in any prohibited activities as described in this text.
3.2 Mozeza reserves the right but shall not be obligated to do any or all of the following:
3.2.1 investigate allegations that any content submitted in the Platform does not comply with these Terms and determine, in its absolute discretion, to remove and request removal of the content;
3.2.2 remove content that is gross, unlawful, or harassing, or that otherwise fails to comply with these Terms;
3.2.3 suspend or terminate users' access to their Platform or Mozeza Account in the event of a breach of these Terms;
3.2.4 monitor, edit, or disclose any content in the Platform; and
3.2.5 edit or delete any content submitted within the Platform, regardless of whether the content in question violates this standard.
4 Intellectual Property Rights
All trademarks, logos, images, and service marks, including these Terms as displayed in the Platform or in our marketing materials, whether registered or unregistered, are the intellectual property rights of Mozeza and/or third parties authorizing us to use them ( collectively as a " Trademark ").
You may not use, copy, reproduce, republish, upload, transmit, transfer, distribute, or alter these Trademarks in any way without our prior written permission. The use of the Mozeza trademark in any other website not approved by us is strictly prohibited. Mozeza will aggressively enforce its intellectual property rights to the fullest extent permitted by law, including criminal prosecution. Mozeza does not justify or represent that your use of the materials displayed in the Platform does not infringe the rights of third parties not owned by or affiliated with Mozeza. The risk of using any material in the Platform is borne by you.
5 Restrictions on Goods
5.1 Some of the Goods offered in our Platform are subject to purchase restrictions (“Restricted Goods ”), depending on the laws in force for the country where you make the purchase of the Restricted Goods.
5.2 Alcoholic / Alcoholic Products (“ Alcohol ”) are 100% blocked from being bought and sold through this platform:
5.2.1 Products that are not halal in terms of manufacture or sale are blocked 100? From this platform:
5.2.2 Cigarette/Tobacco Products (" Tobacco ") are also blocked from being sold and shipped through this platform or in collaboration with Mozeza's Shipper Partner, Mozeza DELIVERY.
5.2.3 to refuse to make a delivery to any person for any reason whatsoever.
5.3 Cigarette/Tobacco Products (" Tobacco ")
5.3.1 We may offer Tobacco on part of our Platform if the law permits. By offering Tobacco for sale in our Platform, we
is not intended to advertise, promote or encourage the purchase or use of Tobacco at all.
6 Orders
6.1 When you place an Order with Mozeza, Mozeza will confirm your order by sending you a confirmation email containing the Order receipt. If applicable, the Order includes shipping charges and any applicable taxes (i.e., goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value - Some of our Merchants require a minimum order value (“MOV”) before an Order can be placed and shipped to you. If the Order fails to meet the MOV, you have the option to pay the balance to meet the MOV or add more Items to your Order.
6.3 Special Instructions - Mozeza and the Merchant (as the case may be) endeavor to comply with your specific instructions for an Order. However, if the order is not executable, unlikely or commercially unreasonable, Mozeza and/or Merchant reserves the right to proceed with the preparation of the Order in accordance with standard handling procedures. Mozeza or Merchant is not responsible for replacing or refunding Orders that do not comply with the specific instructions given by you.
6.4 Allergens - Mozeza is not responsible for providing material information or allergen information in the Platform. Furthermore, Mozeza does not warrant that the Goods sold by the Merchant are free of allergens. If you have allergies, allergic reactions or restrictions and dietary requirements, please contact the Merchant before placing an Order in our Platform.
6.5 Please note that your Order is subject to additional terms and conditions provided by the Merchant.
6.6 Before placing an Order
6.6.1 You must submit a shipping address so that the Platform can display the Merchant provided in your shipping area.
6.6.2 When you select a Merchant, you will be taken to the Merchant menu page for you to select and add your Items to the cart.
6.7 Making an Order
To complete the Order, please follow the on -screen instructions after clicking 'Check Out'. You may need to submit additional details for us to complete your Order. You must review and confirm all information you submit, including the amount, shipping details, personal details, payment information, and voucher code (if applicable) is correct, accurate and complete before you click "MAKE AN ORDER". The order is successfully placed when you receive an email confirmation containing a receipt of your Order from us.
6.8 Canceling Order
6.8.1 Please contact us immediately via the customer assistance chat feature in our application if you wish to cancel your Order after making it. You reserve the right to cancel your Order if the Merchant has not yet received your Order.
6.8.2 Refunds You are eligible for refund only if you made prepayment at the time of order placing in the following conditions
6.8.2.1 If the admin or concerned store cancels the order at the time of order confirmation because of unavailability of products or services ordered by you.
6.8.2.2 If the admin or concern store has a lack of information or the address is outside the delivery zone or fails to contact you at the time of order confirmation your order will be cancelled.
6.8.3 Cancellation
6.8.3.1 Once you confirm & place the order after that you can't cancel the order. If you cancel the order or refuse to take the order, you will have to pay a 100% order fee..
6.8.3.2 If our rider fails to deliver you the order because of lack of information or wrong direction provided by you or fails to contact you, you will have to pay 100% order fee.
6.8.3.3 If the admin or concern store cancels the order because of unavailability of products or services or any other issues at the time of order confirmation you will not be charged for such conditions.
6.8.3.4 If the admin or concern store fails to contact you at the time of order confirmation the order will be cancelled & you will not be charged for such conditions
6.9 Mozeza reserves the right to cancel any Order and/or suspend, deactivate or terminate your Mozeza account at its absolute discretion if fraudulent conduct or activity is suspected or detected accordingly in connection with your Mozeza account and/or your Order.
7 Prices and Fees
7.1 Prices quoted in the Platform shall be displayed in the currency of the country concerned and subject to applicable taxes. Prices and offers in the Platform may differ in terms of price and you agree that the offers offered by our Merchant (either on their own website, mobile application, or their physical store).
7.2 The way we display the prices of our Goods may differ depending on the Merchant, and the prices described in our Platform may:
7.2.1 including GST, VAT, SST or other equivalent excise duty; or
7.2.1 does not include GST, VAT, SST or other equivalent taxes. A list of prices and additional charges is displayed before Check Out. When you place an Order, you agree to all amounts, additional charges and the final 'Amount' amount displayed to you.
7.3 Delivery charges apply for each Order unless:
7.3.1 you choose to take Orders directly from the Merchant (“ Acquisition ”);
7.3.2 you have a valid promotional or discount voucher and use it upon Check Out; or
7.3.3 unless otherwise stated.
7.4 Prices shown in the Platform are based on the time of each Order and may be subject to change.
7.5 You may choose to pay for Orders using any of the different payment methods in the Platform including:
7.5.1 Our payment partner: PayTm
7.5.2 Pay Time Receive; or
7.5.3 Other payment methods we offer from time to time.
7.6 If you have existing credit in your Mozeza wallet account or a valid promotional or discount voucher, you may use this payment for part or all of your Order as the case may be.
7.7 After the Order is successfully placed, you will receive an email confirmation from us with a receipt of your Order. Shipping charges are not shown in your Order receipt if you choose to make a Pickup.
7.8 Method of Payment
Mozeza reserves the right to offer additional payment methods and/or eliminate existing payment methods at any time at its absolute discretion. If you choose to pay using the online payment method, the payment will be processed by a third -party payment service provider. With your permission, credit card/payment information will be stored with third party payment service providers for future orders. Mozeza does not store credit card or payment information.
7.9 You must ensure that you have sufficient funds in your credit and debit cards to make payment for the Order. To the extent necessary, Mozeza is responsible for payments made in the Platform including refunds, refunds, cancellations and dispute resolution, if it is practicable and appropriate and in accordance with these Terms.
8 Merchant Shipping, Pickup and Delivery
8.1 Delivery Area
You understand that our Merchant offers their Goods in a specific delivery area and our Merchant differs based on one delivery area with another delivery area. When you enter your shipping address in the Platform, you will see the Merchant we have prepared for you at that time. Delivery areas may become large, narrow or change depending on weather and traffic conditions as well as unpredictable situations (force majeure).
8.2 Delivery Time
8.2.1 Mozeza will ship your Order to the shipping address provided by You. You can choose your Order to be delivered "ASAP" or based on a schedule at a specific time. Specific estimated delivery times will be given to you in your confirmation email but delivery times may vary depending on factors beyond our control (such as order quantity, distance, time of day (peak hours), weather conditions, traffic conditions and etc.). You can see the remaining delivery time for the Order when you click ‘My Order’ in the Platform. You agree that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss the delivery of the Order,
8.3 Delivery Unsuccessful or Failed
8.3.1 In situations when we deliver an Order but are unable to do so due to you, including but not limited to:
(i) no person is present or prepared to receive the Order; or
(ii) the customer cannot be contacted even though efforts have been made to contact the customer via the telephone number provided; or
(iii) there is no appropriate or sufficient access to deliver the Order successfully;
(iv) there is no suitable or safe location to leave the Order; or
8.3.2 Cancellation Doesn't Appear
If you remain unreachable or fail to receive Shipment within ten (10) minutes from the time Shipment arrives at your shipping address, Mozeza reserves the right to cancel Shipment without refund or remedy for you.
8.4 Wrong Order, Lost Items, Defective Goods
Upon receipt of your Order, if you find that your Order has a problem (for example, an incorrect order, a defective order, or a missing item), please contact customer support via one of the methods described in Clause 1.3 above immediately. In some cases, Mozeza may request photographic evidence and/or additional information to investigate the issue regarding your Order accordingly. If we find that the Order and/or Goods you received have unsatisfactory condition or quality, we will compensate you for your Order or part of your Order.
8.5 Order Taking
8.5.1 If any, you have the option to pick up your Order in person directly from the Merchant’s premises (“ Pickup ”) and not the Order shipped to you. Your confirmation email will specify the time for you to make the Order Pickup (" Pickup Time "). The Merchant will prepare your Order before the Pickup Time. For some cases, a reasonable delay may be expected. Merchant agrees to hold the Order for you at Merchant’s premises for no more than a reasonable period of twenty (20) minutes from the Time of Pickup (“ Holding Period ”) and is not responsible for providing the Order to you if you fail to make your Order Pickup within the Holding Period.
8.5.2 If an unreasonable delay for Collection occurs due to you, you bear the risk of any damage or loss of the Goods or any deterioration in quality or change in condition of the Goods (for example, changes in temperature suitable for use). In this case, you are not entitled to a replacement, refund or exchange of the Goods. You are personally responsible for inspecting the Goods/Order when you make your Order Pickup and must report any issues and/or defects to the Merchant before leaving the Merchant’s premises.
8.6 Merchant Delivery
For some cases, our Merchant will ship the Order to you (" Merchant Shipping "). While we will make every effort to provide prior notice to you of Merchant Shipments this may not be possible at all times. When a Merchant Delivery is made, we may ask you to contact the Merchant directly in the event of any problems or delays in your delivery. Mozeza is not responsible for any manner of Orders or Goods shipped by the Merchant.
9 Vouchers, Discounts and Promotions
9.1 From time to time, Mozeza may conduct marketing and promotional campaigns offering discount voucher codes, and other promotional offers for use in the Plaftorm (“ Vouchers ”). Vouchers are subject to a validity period, a redemption period, and in some cases, may only be used once.
9.2 Vouchers may be invalid when used with other promotions, discounts or other vouchers. Vouchers may be subject to additional terms and conditions.
9.3 Unless otherwise stated, Vouchers may only be used in our Platform.
9.4 Vouchers are not exchangeable for cash.
9.5 Mozeza reserves the right to cancel, terminate or refuse the use of any voucher without prior notice. For individual restaurants, terms and conditions apply.
9.6 We may exempt some Merchants from the use of Vouchers at any time without prior notice to you.
10 Representations, Warranties and Limitations of Liability
10.1 Representations and Warranties
You acknowledge and agree that content in the Platform is provided on an “as is” and “availability” basis, and that your use of or reliance on the Platform and any content, goods, products and services accessed or obtained thereby is at your own risk and discretion. speak for yourself. While Mozeza makes every effort to ensure that the provisions of the Platform and the services we offer are available at all times, we make no warranty or representation that the Platform shall be provided in a secure, timely, uninterrupted, error -free manner, without technical difficulties, defects or viruses. . Please anticipate temporary disruptions to the Platform caused by scheduled or periodic system maintenance work,
10.2 Limitation of Liability
To the extent permitted by law, Mozeza (which includes its employees, directors, agents, representatives, associates and parent companies) excludes all liability (whether arising from contract, negligence or otherwise) for loss or damage that may be incurred by you or any third party related to our Platform, our services, and any websites linked to our Platform and any content or material submitted to it. Your exclusive remedy relating to use of the Platform is to terminate your use of the Platform. Mozeza entity, its agents, representatives and service providers do not bear any indirect, special, incidental, extension damages, or exemplary as a result of your use of the Platform or for any other claims related to any manner of your use of the Platform. Exclusions for indirect, special, extended and exemplary damages include, without limitation, damages for loss of profit, loss of data, loss of goodwill, interrupted work, computer failure or malfunction, or any other commercial damage or loss, even if the entity Mozeza , its agents, representatives, and service providers are advised of such possibilities and do not take into account the theory of law or equity that underlies the claim. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, within those states or jurisdictions, the liability of Mozeza, Mozeza entities, agents,
10.3 Merchant Representation
Mozeza assumes no liability for the actions or omissions of the Merchant or you, with respect to the provision of the Goods and when the Merchant Delivery is effected for your Order. Mozeza assumes no liability for the quantity, quality, condition or other representations of the Goods and/or services by the Merchant or guarantees the accuracy or adequacy of the information (including menu information, pictures and images of the Goods) displayed by the Merchant's listing/offering in the Platform. Nothing in these Terms excludes Merchant’s liability for death or personal injury as a result of Merchant’s gross negligence or willful misconduct.
11 Merchant Liabilities
Merchant is responsible for the preparation, condition and quality of the Goods. For Merchant Delivery, the Merchant is responsible for the delivery of the Goods and/or Orders. Mozeza shall not be liable for any loss or damage as a result of your contractual relationship with the Merchant.
12 Personal Data Protection (Personal Information)
You agree and authorize Mozeza and any of its affiliates to collect, use, process and disclose your Personal Data in accordance with these Terms and further described in our Privacy Policy. The Privacy Policy is available via a link in our Platform, and forms part of these Terms.
13 Indemnities
You agree to indemnify, defend, hold off Mozeza, its directors, officers, employees, representatives, agents, and affiliates, from any and all claims, liabilities, damages and/or costs of third parties (including but not limited to, legal fees) as a result of your use of the Platform or a breach of these Terms by you.
14 Third Party Links and Websites
The Platform may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Mozeza does not control or endorse these third party websites or links and is not responsible for the content of these linked pages. Mozeza assumes no liability or responsibility for any loss or damage that may be incurred by you in connection with your access to and use of these third party links and websites.
15 Termination
Mozeza reserves the right to terminate, suspend or delete your account and access to the Platform, including any delivery services we provide to you in connection with the Order, for any reason, including, without limitation, if Mozeza, in its absolute discretion, deems that your use is unacceptable, or in the event of any breach of these Terms by you. Mozeza may, but without any obligation, to warn you prior to termination of use of your Website.
16 Edit
Mozeza may amend these Terms at any time in its sole discretion. The amended Terms are effective immediately upon upload and you agree to the new Terms through your continued use of the Platform. You are responsible for reviewing the Terms periodically. If you do not agree to the amended Terms, either in whole or in part, you shall stop using the Platform immediately.
17 Isolability
If any provision of these Terms of Use is deemed invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the other provisions in these Terms of Use which continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
18 Administrative Law
These terms shall be governed by and construed in accordance with the laws of the country/court of jurisdiction in which the Mozeza entity is incorporated as set out in the table below. The following courts have jurisdiction over any disputes or claims caused by or in connection with the use of the Platform:
1. Mozeza (https://mozeza.com/); Indian government
19 Contact Us
If you would like to contact us about any of your questions or comments, please send us an email to the customer support email or via the customer support chat feature in our app.
20 Groceries / Groceries / Grocery Stores
20.1 Purchases of Goods from Merchants in 'STORES' in the Platform, including the Groceries and Fresh Mart (“STORES”) categories are subject to these Terms. In addition, you agree to comply with any and all guidelines, notices, operating rules and policies and instructions relating to the purchase of Goods from the STORE included in and forming part of these Terms.
20.2 Due to delivery constraints, Mozeza may need to impose a limit on the amount of your Order or a limit on the quantity of Goods in your Order from the STORE at its absolute discretion.
20.3 Unless otherwise stated, all purchases from the STORE are subject to the STORE cancellation, refund and return policy.
20.4 If the price of any Goods depends on the weight of the Goods specified, we will provide an initial price estimate for check-out purposes. The final price will be stated in your email confirmation containing your tax invoice. For less, an additional amount will be charged to you. For overpayments, the excess amount will be refunded in accordance with our STORE cancellation, refund and return policy.
20.5 We reserve the right, but have no obligation, to restrict or limit the sale of our Goods to any individual, geographic region or jurisdiction.
21 Common Languages
If there is a dispute about the Terms, the English language version will prevail. The English language version of these Terms shall govern all matters and shall prevail in the event of any inconsistency in the translated version.
22 Infaq / Donation / Derma
All donations under this category program will be sent and processed by Mozeza in collaboration with (“Merchant”) and also Mozeza.